Environment Bill

Lord Krebs Excerpts

Monday 13th September 2021 Lords Chamber

Moved by

[Lord Krebs]

84A: Schedule 14, page 222, line 17, at end insert—
“(6) Within the period of six months beginning with the day on which this Act is passed, the Secretary of State must produce or revise the biodiversity metric, having particular regard to the ecological importance of—(a) diversity of habitat types and management approaches, including open mosaic habitat, scrubland, and habitats that mature slowly, (b) the potential of individual sites to support rare, endangered and vulnerable species, and(c) habitat connectivity across a landscape.(7) The Secretary of State must review the biodiversity metric at least annually and revise it to take into account—(a) any significant developments in scientific evidence, and(b) any assessment of progress toward meeting targets set under Part 1 of the Environment Act 2021.”Member’s explanatory statement
This amendment ensures that the Biodiversity Metric includes the ecological requirements of rare and endangered species, that it recognises the importance of habitat heterogeneity and connectedness, and that it is updated regularly in light of scientific evidence.

[Lord Krebs (CB)]

My Lords, in moving my Amendment 84A, I will also speak to support Amendments 85 and 87 in this group in the name of the noble Baroness, Lady Jones of Whitchurch, to which I have added my name along with the noble Baronesses, Lady Parminter and Lady Jones of Moulsecoomb. I thank the Minister for his time in discussion with me, and officials at Defra and Natural England for going into considerable detail in subsequent meetings.

I will be very brief, in view of the late hour. To cut to the quick, the biodiversity metric, which is what this amendment is about, is the measure by which developers and planning authorities calculate whether biodiversity off-setting produces a net-positive outcome for nature. Of course, if we think back to Clause 3, which we debated last week, this net gain concept will be crucial if the Government are to succeed in delivering their target of halting species decline by 2030.

However, as I said briefly in Committee, the metric as currently proposed by Natural England and Defra is, in the view of at least some leading academic experts, practitioners and end-users, deeply flawed for the following reasons. First, it does not adequately consider the requirements of key species. Secondly, it uses an oversimplified classification of habitat type and quality as a surrogate for species abundance. Thirdly, it does not adequately incorporate the so-called Lawton principles of bigger, better, more connected habitat, which are the accepted gold standard for protecting biodiversity.

I will illustrate these flaws with an example. A few hundred metres from my home in Oxford, there is a city council nature reserve called Burgess Field, known locally for its rich biodiversity. Many species of birds, butterflies and other insects, as well as wildflowers, thrive there. Yet, as my colleague Professor Katherine Willis of Oxford University points out, this nature reserve would count as “poor” habitat if it were assessed by the metric. This simply cannot be right.

Defra officials and Natural England acknowledge that the metric is a work in progress, but they argue that a great deal of work has gone into its development —of course, the fact that a great deal of work has gone in in the past does not mean to say that more work cannot easily be done in the future—and that it has to be kept simple to make life easier for developers. I think it should be made more difficult and life made easier for nature. My amendment simply asks the Government to reconsider the metric and to revise it yet again. My ask is a modest one—to review the deficiencies and continue to improve the metric. I very much hope that the Minister will confirm his commitment to doing this.

I will leave it to others to speak in more detail to Amendments 85 and 87, which ask the Government to extend the lifespan of net gain from 30 to 125 years, but I will make two very brief points. Having spoken to Defra officials, as I understand it—I hope I am wrong and that the Minister will correct me—there are two lines of argument for defending the 30-year, rather than a 125-year, limit. First, if the requirement for the duration of net gain were too onerous it would be an obstacle to development because no one would want to commit their land for a long time for preserving biodiversity. It is said that the experience from other countries demonstrates this, although I have not been able to find the evidence. The second argument is that if at the end of 30 years valuable habitat has been created, that habitat will be protected by other regulations, such as a designation as an SSSI. These two arguments seem self-contradictory. On the one hand it is important to tell developers that they can have their land back after 30 years, but on the other if they do a good job of creating new habitat for net gain they cannot have it back. I look forward to the Minister’s reply. I beg to move.

--- Later in debate ---

[Lord Krebs (CB)]

My Lords, I thank all noble Lords who have taken part in this short debate. I also thank the Minister for his response. With regard to Amendment 84A, in brief, I accept the reassurance that he gave in his reply. The metric will be regularly reviewed in light of scientific evidence. The Government recognise the importance of species and microhabitats, and the need for connectivity across landscapes. Rare and protected species will be safeguarded by regulations that will work alongside net gain, and the Lawton principles will underpin net gain and be considered when updating the metric.

I still think that, given the concerns expressed by many stakeholders on the current version of the metric, there should be an urgent consideration before it is finally put into practice, so that we can get it as good as it can be. I also accept the point that the noble Lord, Lord Blencathra, made: that this is an ongoing work in progress and will be continually improved.

With regard to Amendments 85 and 87, I am disappointed that the Government are not prepared to go further. However, I accept the reassurances of the Minister on Amendment 84A and beg leave to withdraw it.

Amendment 84A withdrawn.